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Ethics and Governance T N Chaturvedi PDF
Ethics and Governance T N Chaturvedi PDF
T. N. Chaturvedi
Former Governor of Karnataka &
Chairman, Indian Institute of Public Administration.
Prologue
Ethics can be defined as a set of standards faced with a dilemma about ethical and
that society places on itself which helps governance issues : I want to give you a
guide behaviour, choices and actions. talisman. Whenever you are in doubt, or
Governance, or good governance, is the when the self becomes too much with you,
exercise of political authority and the use apply the following test. Recall the face
of institutional resources to manage of the poorest and the weakest man whom
societys problems and affairs. you may have seen, and ask yourself if
The Author has a very wide experience in the step contemplated is going to be of
governance and Public Administration. His any use to him. Will he gain anything by
Article Ethics and Governance it? Will it restore him to a control over his
discusses the present scenario in these own life and destiny? In other words, will
areas in the country and their considerable it lead to swaraj for the hungry and
significance in the present context. The starving millions? Then you will find your
roadmap for good and ethical governance doubts and yourself melting away. This
has also been brought out. The Author just about sums up ethics & good
reiterates Mahatma Gandhis words on governance.
what needs to be reflected upon when
- Editor
their demands. The political consciousness of the people gets steadily enhanced
wherever free and fair elections are permitted and held periodically. Consequently,
there is an insistence from the people that governance must meet their aspirations
and demands. It is the public which, in its own way, decides whether and how a
particular government has delivered on its assurances.
The public is also sensitive to the manner in which the machinery of governance
has been responsive and considerate in its dealings with citizens, both individually
and collectively. It may be worthwhile here to understand the meaning and significance
of the terms Governance and Ethics and their implications in order to grasp their
mutual relationship. For all these years, the word administration has been in vogue.
It is only for the last few decades that people have begun to talk of governance, rather
than administration. The word governance has been there in the vocabulary of the
English language. It finds mention at one or two places in the Constitution of India.
The word governance gained currency after the World Bank, OECD and other U.N.
agencies, important international aid giving agencies, began to use it. After World
War-II, plenty of aid was given from time to time by these agencies to newly-emerging
countries in Africa, Asia and South America. But it was seen in evaluation and
assessment reports that the expected and desired economic development from such
aid did not materialise. While identifying the reasons for their failure, it was realised
that the constraints were more than what the traditional administrative machinery
could work with. The first lesson learnt was that the conception of development was
not just about economic development, but also encompassed social, cultural,
institutional and numerous other aspects, which deserved equal, and sometimes
more weightage. The second important conclusion arrived at was that a broader view
of administration was called for in order to achieve success. That is how the coinage
of the term Good Governance took place. After all, administration was also supposed
to have been good if the intended goals were to be achieved. One can recall the
national, international, as well as bilateral and regional schemes, projects and
programmes for training in different segments of administration. But even the best of
administration could not carry the development process on its shoulders if public
support was lacking. After a good deal of research, field studies by academics and
experts, it was understood that a wider view of the total administrative system was
necessary.
and attitude. These components of all actions are not independent of each other.
They are not exclusive, but mutually supportive. They are considered not only the
components of good governance, but they also constitute the criteria or yardstick by
which one may judge if a country has good governance or not. This will also determine
the extent of success of all developmental efforts. The last component, though not
the least, is an overriding and all-encompassing one. This background and context
highlights the significance which people in every country attach to good governance.
Let us look at these components in brief though each one is a vast subject
by itself. It is expected that the country will have a democratic form of government.
No one way is stipulated. All that it means is that people will have the right to vote
and that it is guaranteed by a Constitution. Most newly emerging countries have
written Constitutions, though quite often, powerful individuals or political groups have
vitiated their actual working. Honesty is considered a prime value. Corruption is anti-
poor and anti-development. A fair amount of literature on corruption in India and its
causes and remedies has become available. Corruption and sleaze assume many
subtle forms and shapes. Kautilya speaks of 40 ways of pilferage and leakage in his
Arthashastra. It has given rise to another phenomenon called criminalisation of politics
though it really has become the politicisation of crime. Legislatures have a number of
persons with criminal background. Some also contest elections from jails. This
emphasises the need for reforms in the political system and of electoral reforms.
Criminalisation and politicisation virtually lead to commercialisation of crime. This
undermines faith in the democratic system as politics cease to be for public service
and becomes a path to influence, power, pelf and protection against the law.
Sometimes, there is outright plunder of public money but pilferage and leakage
otherwise render developmental efforts almost nugatory in many cases. In some
cases, it is alleged that politicians and others are themselves active participants and
benefit through deviant ways and escape the law owing to widespread corruption in
high places. The public has to guard democracy from becoming a criminalocracy.
Periodic, free and fair elections, along with peaceful change of power as
prescribed constitutionally are also important. There has invariably been peaceful
transfer of power in the country. The Election Commission, over the years, has done
commendable work to ensure free and fair elections in a country as vast as India,
despite all difficulties and pressures. Public opinion and judiciary have also been of
great help at times.
In India we have a Constitution with a legal system in place, with the Supreme
Court at the apex. High Courts and the Supreme Court have the power to interpret
laws and declare unconstitutional any law which is found to violate any provision of
the Constitution. It provides confidence for international trade and commerce. The
Judiciary is held in high regard, though it is also under stress. There have been
allegations of corruption in a few cases and that causes public concern. There is an
insistent demand for judicial reforms, particularly to look into the question of appointment
of judges and disciplinary action if warranted. Sometimes, the power of judicial review
is criticised as an encroachment on the authority of the Legislature and the Executive.
On the whole, higher judiciary commands public confidence. It is considered as the
5.4 Ethics and Governance :
Significance and Issues
Guardian of the Constitution and the custodian of citizens rights against any excesses
by the Executive.
The rule of law is at the core of democracy. Here, the people have a grievance
that it is the big fish which escape the net and influential people in different walks of
life who rule the roost. Economic offences continue. That equality before the law is
more in theory than in practice is a strong feeling which persists. In India, only one
minister from the original Vindhya Pradesh went to jail on being convicted for corruption.
In USA, a Vice-President and a President were compelled to resign. In Italy, Japan,
England and other countries, ministers have been convicted and sent to prison. In
India, children of influential politicians, ministers and senior bureaucrats, we find from
the media, escape with impunity after transgressing the laws of the land. The procedural
aspects of the criminal justice system have to be made foolproof. The need for
serious reforms is now being recognised. The component of Human Rights is being
well taken care of, by and large, by the Constitution, Judiciary and the Human Rights
Commission. The Constitution has specific provisions in this regard and their scope
is getting enlarged. Of course, much more is to be done. The weaker sections of our
people, especially women and children, scheduled castes and tribes are not receiving
adequate consideration. Poverty and dishonesty largely stands in the way of people
getting their genuine entitlements. But the country is quite conscious of the problem
and this holds promise of a better deal.
We will discuss not only the concept of ethics, but also a few other elements
of good governance as all of them derive virtually from ethics. If civic, administrative
and political culture are suffused with some modicum of ethical awareness, we move
towards not only good governance but also good society. In every part of the world,
people are discussing the need and relevance of ethics in public affairs and a vast
amount of literature from different perspectives continues to appear. It is not sermonistic
in nature, but philosophically analytical, sociologically realistic, economically
necessary and politically of great import. The Fourth Report of the Second
Administrative Reforms Commission is titled Ethics In Governance. Submitted to
the Prime Minister in 2007, it attempts to explore the theme, diagnose maladies and
make recommendations as an agenda for action.
5.6 Ethics and Governance :
Significance and Issues
The Oxford English Concise Dictionary defines ethics as the science of morals
or moral principles. It is often used as a synonym or an interchangeable expression
for terms like values, norms, standards, morality etc. Values are the set of beliefs or
influences which condition a persons behaviour and conduct. The set of values are
articulated through ethics of a person, a group or profession. As man is a social
being, personal values have implications in social dealings and relationships. We
talk of professional ethics for different professional groups, say that of a chartered
accountant. The ethics of doctors and physicians is a very old one. Ethics need not
be looked at as being sectarian, religious or merely philosophical. Ethics may have
several attributes, some universalistic in nature such as honesty and integrity, others
may be bound by time and place or be specific to a situation, a group or area of
responsibility. Ethics is not something vague or amorphous. It is something like
current or power in electric wires, which is seen only when the switch is on and the
light is visible. Similarly, the impact of ethical behaviour is felt by individuals and
society.
Investments in the corporate sector come from the people. They have to be
maximized for public good. When things go wrong, it is the public which suffers. The
T. N. Chaturvedi 5.7
After the recent Satyam scam many questions were raised and fingers pointed
at some politicians and the failure of regulatory authorities found mention in the media
and Parliament. It was also debated as to whether Satyam was an isolated case or
similar maladies prevailed elsewhere too. Of course, the corporate world brushed
such misgivings aside and asserted that it was only an aberration. An inquiry committee
5.8 Ethics and Governance :
Significance and Issues
was setup. The Prime Minister has given an assurance that none found guilty would
be spared.
In another case, a keen observer once rather sarcastically but truthfully stated;
this unseen, often used but more often abused term system, holds the country in its
paralytic grip. It is the favourite alibi for sloth, indolence and non-performance. It is the
table at which the buck of corruption, non-accountability, negligence and inefficiency
stops. What is egregious is not just the word system as a convenient alibi, but in
fact that its widespread usage has elevated it to a status of its passive acceptance on
the part of one and all it is almost as if everyone waits with bated breath for the
result of many inquiries at the door of the system. It is universal appeasement for
everyone, and then nothing is heard of the issue till another crisis occurs leading to
the reopening of old cupboards to pull out nostalgic skeletons.
Ethics is hopefully expected to act as an antidote or countervailing force to
such indifference, passivity or outright callousness in such circumstances. The
professionals also by their actions affect the situation positively or negatively. It is
society which provides facilities for acquiring the influence and power which impacts
it. Besides, we cannot forget that we have a dual capacity, first as citizens from
cradle to grave, and secondly, as professionals, which capacity is bound by time and
space. Many professional groups have been authorised or mandated to regulate the
professions in the wider social perspective. Self-regulation is healthy. But they have
not always come upto societal expectations. Take, for instance, two such autonomous
regulatory organisations, viz., the Institute of Chartered Accountants of India and the
Medical Council of India. The Institute invited a good deal of flak for lenient dealing
with some of their trained members in the Securities scam. The Medical Council of
India has been the subject of repeated strictures by the highest of judicial authorities
for want of transparency and probity. Allegations abound despite the existence of
such strictures. No remedial prospect seems to be in sight. As laws cannot alone
mandate morality, so also ethics alone may not always ensure ethical conduct. Both
need a supportive environment. The need for mobilisation, activation and assertion of
public opinion and enlightened citizenship is the life-breath of any vibrant democratic
system. Public apathy leads to moral decay. Public vigilance and awareness of its
role and responsibilities provides a safeguard to the sustenance of ethical conduct of
public affairs.
There is a point for citizens to think of in what Harold Ickes, the then Secretary
of Interior in the US said after the Second World War during hearings of the Senate
Ethics Committee: within my knowledge, no public officer has bribed himself, and
he went on to emphasise the fact that official morality is more than a political problem.
By all means let us consider how to assist in the establishment of higher moral
standards in the official conduct of the Government, but at the same time let us
realise that we cannot hope to assist the Government in this regard unless we are
willing to assist ourselves and each other in the establishment of higher moral standards
as between man and man in private life. Politics is an important part, but only a part
of the whole pattern of life. This means that we can not excuse the government and
political masters for their misdemeanours but the responsibility of each one of us as
citizens is also to be emphasised. This is what Mahatma Gandhi all along and
especially on the eve of Independence, would remind his audience in his prayer
T. N. Chaturvedi 5.9
speeches. It is unfortunate that while we remember our rights as citizens, we are apt
to forget our duties as citizens.
for democracy itself. The political mandate given by people in the recent General
Election augurs well for expeditious, effective and imaginative first steps.
While the strengthening of laws and institutions, political and electoral reforms,
putting in place fresh innovations and stress on honest and sincere enforcement of
the rule of law are important, it is the ethical ambience in society and moral fabric
which are the ultimate determinants. It is this which will provide the glue of cohesion
to any society and moral legitimacy to government of men which passing aberrations
cannot shake. As Senator Paul H. Douglas said in his well-known lectures on ethical
dimensions and considerations in governance in Harvard University with reference to
the US at that time: Since the state is but the individual writ large, perhaps the
disclosures of the past years may reawaken within us a sense of our individual failure
to live upto standards we inwardly cherish. The faults we see in the government are
often the reflection of our moral failures. All this may dawn upon us, so that we will
not only reform government but also ourselves. If it does, the regenerative power of
democracy and of human spirit will have another great victory in the continual moral
struggle which goes on within each of us and within society. This also rings true of
contemporary India.
Conclusion
Most scriptures, emphasise the moral imperative. Do unto others what you
want to be done to you. Is it not a safe guide? US President, Thomas Jefferson also
provide a guideline for men concerned with public affairs: Whenever you are to do a
thing, though it can never be known but to yourself, ask yourself how you would act
were all the world looking at you, and act accordingly. Another writer has added: And
if similar circumstances are there I shall publicly say that I would do it again.
References
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